Cipher case: IHC to take up Imran Khan's appeal on in-camera trial today

ISLAMABAD: The Islamabad High Court (IHC) is set to take up Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan's petition against the orders for an in-camera trial in the cipher case tomorrow (Thursday).

A special court established under the Official Secrets Act 2023 on December 14 approved the Federal Investigation Agency (FIA) plea to conduct an in-camera trial in the cipher case against former PTI chief and Vice-Chairman Shah Mahmood Qureshi, both of whom are incarcerated at Adiala jail in Rawalpindi. 

The court also imposed a restriction on media reporting of the proceedings.

The ex-prime minister has moved the IHC to declare special court's verdict void and stay further proceedings till a decision on this petition.

The petition stated that an open trial in the presence of the media and public is important to fulfil the requirements of justice.

Special court Judge Abul Hasnat Zulqarnain announced the reserved verdict on December 14, stating that family members would be given access to the courtroom during the hearing.

A bench, headed by Justice Miangul Hassan Aurangzeb will hear the petition tomorrow, as per a cause list issued by the IHC registrar.

Khan has also challenged the trial court proceedings in a separate plea submitted to the IHC.

It may be noted that both the ex-PTI chairman and vice-chairman have been indicted by the same court for the second time on December 13.

Earlier, the charges were framed against the two politicians on October 23, and pleaded not guilty to their involvement in the offence related to the alleged misuse of diplomatic cable for political purposes.

Following Khan and Qureshi’s indictment, the regular trial of the cipher case on the charges of leaking state secrets was being held in Adiala jail in Rawalpindi.

Last month, both leaders also challenged their indictment in the case, the IHC declared their jail trial “null and void” while allowing their intra-court appeals in the case.

However, the federal cabinet yet again approved the summary of holding the jail trial of both politicians following which the trial continued, leading to the indictment of both Khan and Qureshi for the second time.

What is ciphergate?

The controversy first emerged on March 27, 2022, when Khan — less than a month before his ouster in April 2022 — while addressing a public rally waved a letter before the crowd, claiming that it was a cipher from a foreign nation that had conspired with his political rivals to have PTI government overthrown.

He did not reveal the contents of the letter nor did he mention the name of the nation it came from. But a few days later, he accused the United States of conspiring against him and alleged that Assistant Secretary of State for South and Central Asia Affairs Donald Lu had sought his removal.

The cipher was about former Pakistan ambassador to the US Majeed's meeting with Lu.

The former prime minister, claiming that he was reading contents from the cipher, said that "all will be forgiven for Pakistan if Imran Khan is removed from power".

Then on March 31, the National Security Committee (NSC) took up the matter and decided to issue a "strong demarche" to the US for its "blatant interference in the internal affairs of Pakistan".

Later, after his removal, then-prime minister Shehbaz Sharif convened a meeting of the NSC, which came to the conclusion that it had found no evidence of a foreign conspiracy in the cable.

In the two audio leaks that took the internet by storm and shocked the public after these events, the former prime minister, then-federal minister Asad Umar, and then-principle secretary Azam could allegedly be heard discussing the US cipher and how to use it to their advantage.

On September 30, the federal cabinet took notice of the matter and constituted a committee to probe the contents of the audio leaks.

In October, the cabinet gave the green signal to initiate action against the former prime minister and handed over the case to the FIA.

Once FIA was given the task to probe the matter, it summoned Khan, Umar, and other leaders of the party, but the PTI chief challenged the summons and secured a stay order from the court.

The Lahore High Court (LHC), in July this year, recalled the stay order against the call-up notice to Khan by the FIA.